WSR 06-09-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-83 -- Filed April 14, 2006, 11:44 a.m. , effective April 15, 2006, 9:00 p.m. ]


Effective Date of Rule: April 15, 2006, 9:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600L; and amending WAC 220-52-046.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This extension complies with state/treaty management agreements to allow for opportunity to harvest crab and to meet allocation objectives. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 14, 2006.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-04600N   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

1) Effective April 15, 2006 until April 30, 2006, from one 1/2 before sunrise to one 1/2 hour after sunset each day it is lawful to fish for Dungeness Crab for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Area 20B, that portion of MFSF Catch Reporting Area 21A north and west of a line drawn from the northernmost point on Sinclair Island to Cleo Point located 1.25 nautical miles northwest of Carter Point on Lummi Island (N48 39'6.02" W122 37' 58.872"), and that portion of MFSF Catch Reporting Area 20A south of a line that extends from Point Whitehorn due west to the international border.

2) Effective April 15, 2006 until April 19, 2006, it is lawful for crab fishers to remove their gear from the following Marine Fish Shellfish Catch Reporting Areas from one 1/2 hour before sunrise to one 1/2 hour after sunset each day

a) That portion of MFSF Catch Reporting Area 20A north of a line that extends from Point Whitehorn due west to the international border.

b) That portion of MFSF Catch Reporting Area 21A south and east of a line drawn from the northernmost point on Sinclair Island to Cleo Point located 1.25 nautical miles northwest of Carter Point on Lummi Island (N48 39'6.02" W122 37' 58.872").

c) 21B, 22B, and 22A.

d) No crab may be retained, landed from or possessed from these areas after 8:00 p.m. April 15, 2006.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 8:00 p.m. April 15, 2006:


WAC 220-52-04600L Crab fishery -- Seasons and areas. (06-45)

Washington State Code Reviser's Office